​General Conditions of Sale
1 – GENERAL CONDITIONS OF SALE
These Conditions of Sale govern the purchase contract between "La Bottega dell'ottico di Oradei Angelo" and the customer regarding the purchase of the products published on the website labottegadellottico.com. The customer, with the electronic confirmation of the ORDER SUMMARY , declares to know and unconditionally accept the General Conditions of Sale and to fulfill all the obligations set out in them towards the optician's shop. For this reason, the Customer has the obligation to carefully examine them and print them and conservation, in accordance with the provisions of articles 50 and following of Legislative Decree 206/05. The optician's shop considers itself authorized to modify or integrate these general conditions of sale at any time, also in consideration of any regulatory changes , without having to give prior notice. Such changes will be binding for customers only from the moment they are published on the website labottegadellottico.com, and will not have retroactive effect.
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2 - CONCLUSION OF THE CONTRACT
To conclude the purchase contract, it will be necessary to complete the form in electronic format and send it following the relevant instructions.
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It contains the reference to the general conditions of sale, the images of each product and the relative price, the means of payment that can be used, the delivery methods of the purchased products and the related shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal; methods and times for returning purchased products.
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Before concluding the contract, you will be asked to confirm that you have read the general conditions of sale including the information on the right of withdrawal and the processing of personal data.
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The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
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The user will be obliged to pay the price from the moment the online order submission procedure is completed. this will happen by clicking on the checkout button at the end of the guided procedure.
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3 - REGISTERED USERS
When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
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once registered, the user will receive an email provided by him, the confirmation will in any case exempt the BOTTEGA DELL'OTTICO from any responsibility regarding the data provided by the user. the user undertakes to promptly inform LA BOTTEGA DELL'OTTIC of any change in their data at any time communicated.
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If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties regarding the payments made, LA BOTTEGA DELL'OTTICO will have the right not to activate or suspend the service until the relevant issues have been rectified. shortcomings.
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Upon the first request to activate a profile by the user, LA BOTTEGA DELL'OTTICO will assign the username and password to the user. the latter recognizes that these identifiers constitute the system for validating the user's access to services and the only system suitable for identifying the user that the actions performed through such access will be attributed to him and will have binding effect on him.
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The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
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4 - AVAILABILITY OF PRODUCTS
Product availability refers to the actual availability at the time the user places the order. this availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
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Even after sending the order confirmation email, there may be cases of partial or total unavailability of the goods. in this case, the order will be automatically corrected with the elimination of the unavailable product and the user will be immediately informed via e-mail.
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If the user requests cancellation of the order, terminating the contract, LA BOTTEGA DELL'OTTICO will refund the amount paid within 30 days starting from the moment in which LA BOTTEGA DELL'OTTICO became aware of the buyer's decision to terminate the contract.
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5 - PRODUCTS OFFERED
LA BOTTEGA DELL'OTTICO sells: men's/women's eyeglasses/sunglasses, contact lenses, optical accessories.
The offer is detailed on our website at the link: https://labottegadellottico.com
6 – ORDERS
At the moment that the optician's shop
or will come into possession of the order sent by the customer, he will send, via e-mail, the ORDER SUMMARY, where all the information relating to it will be specified. The order will be considered completed and concluded only with the receipt by the Seller of the expected payment, and with the sending, via e-mail, of the ORDER CONFIRMATION complete with all the other information necessary for exact invoicing and correct delivery of the goods.
Any additional costs of transport costs that may be determined by insufficient information are the full responsibility of the customer.
The optician's shop will not be able to process orders for products that were no longer available at the time of the order. In this case the order itself will not be followed up and the reasons will be communicated via e-mail. In this case the purchase contract will not be concluded and therefore the optician's shop will return to the customer the amounts that have come into its possession in reference to the uncompleted purchase contract. The Customer has no right to request compensation for damages as well as any liability for direct or indirect damage to people or things caused by the non-acceptance of an order, even partial.
7 – PRICES
The price shown on each model includes VAT and does not include shipping costs. prices are subject to change at any time. the changes do not concern orders for which order confirmation has already been sent.
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once the desired products have been selected, they will be added to the cart. it will be sufficient to follow the purchase instructions, entering and verifying the information requested at each step of the process. Order details may be modified before payment.
8 – FINISHES
The colors shown on the site are indicative since it is not technically possible to ensure absolute fidelity to the original colors. This does not constitute a reason to dispute the product. For any additional information contact us by email.
9 – SHIPMENTS
Shipping times within Italy vary from 3 to 5 working days, except for delays due to force majeure. Shipping times are indicative and therefore no responsibility can be attributed to BOTTEGA DELL'OTTICO for early or delayed shipping, as the causes are not directly attributable to it. The goods are shipped to the destination indicated by the customer reported on the FINAL ORDER CONFIRMATION. Periods of absence at the indicated address or other communications useful for delivery must be communicated in the notes field of the order, in order to avoid unnecessary storage costs, which will in any case be borne by the recipient. (See ART. 2 – ORDERS)
as far as European Union countries are concerned, delivery will be made in 7-10 working days, and in any case, within 30 days.
10 – TRANSPORT
The goods are shipped to the destination indicated by the customer and reported on the "ORDER CONFIRMATION" via national and international couriers, adequately packaged and complete with transport document or accompanying invoice. The relevant cost will be communicated to the consumer at the time of completing the purchase, except in the situation in which the consumer reaches the minimum spending limit, equal to €100.00, for which free shipping will be offered by BOTTEGA DELL'OTTICO. This service, whether with "free shipping" or "subsequent charge", always refers to goods delivered: ground floor, truck tailgate corresponding to the customer's house number. The following services and destinations will have an additional cost, which will be communicated subsequently via e-mail by the OPTIC'S BOTTEGA and which will in any case be borne by the customer, in addition to that already indicated in the order:
- deliveries to the floors/cellars; deliveries to historic centers or to inaccessible addresses with 12 m long trucks; express, urgent, mandatory deliveries, by appointment, special deliveries.
- deliveries to disadvantaged areas, inaccessible areas; smaller islands, Venice and the lagoon.
11–PAYMENT
Payment for the ordered goods can be made in the following ways:
a) when ordering, with credit cards and PayPal, the safest online payment system. The credit card will be charged at the same time as the online transaction is concluded. In case of non-acceptance of the order, BOTTEGA DELL'OTTICO will refund the amount via the interbank credit card circuit. The OPTICAL BOTTEGA reserves the right to request from the Customer additional information and documentation that can prove ownership of the Credit Card used. In the absence of this required documentation, BOTTEGA DELL'OTTICO reserves the right not to accept the order.
b) between
advance bank transfer to be made upon receipt of the ORDER SUMMARY. All the data to make the bank transfer are shown on the final page of the purchase procedure. The reason for the transfer must include the number and personal details of the order holder. Any discrepancies between the data communicated by the Customer when placing the order and the data entered on the bank transfer could cause delays in the acceptance of the order by the OPTICAL BOTTEGA.
12 – DELIVERY OF THE GOODS – CONTROL
Upon delivery of the goods, before signing the consignment note that the operator carrying out the delivery will ask you to sign, the Customer is required to verify:
- that the number of packages delivered corresponds to what is indicated in the transport document. In the event of a discrepancy, collect the goods anyway and report on the consignment note, in detail, the number of packages actually collected. This discrepancy must be communicated immediately, via email, to the OPTICAL BOTTEGA.
- that the packaging is intact (not wet, punctured, folded or otherwise) and not altered even in the closing tapes.
In the event of obvious breakages, damage or tampering with the packaging, the customer must write on the consignment note, in detail, SPECIFIC RESERVATION OF THE GOODS DUE TO THE DAMAGED PARCELAGES RECEIVED, and immediately communicate this, via email, to the OPTICAL SHOP.
In the event of obvious damage to the products not yet collected, the customer can refuse delivery by indicating on the consignment note the reason for non-collection and immediately notify the OPTICAL BOTTEGA by email.
For the purposes of protecting against hidden damage caused by transport, it is advisable to always include the words "THE GOODS WILL BE COLLECTED WITH RESERVE FOR INSPECTION" on the consignment note even if the packaging is intact and without any alteration. Any hidden damage detected must be communicated to BOTTEGA DELL'OTTICO, within 5 days of receipt of the goods, via email.
ATTENTION: if the customer accepts the goods and signs the waybill without making the necessary reservations, he will not subsequently be able to claim any shortages or damage, as the signing constitutes verification and acceptance of the conformity of the product.
13 – STOCK
In the event of non-delivery, the goods will remain in storage available to the customer for a maximum of five calendar days, after which they will be returned to the sender. The OPTICAL BOTTEGA does not assume, for any reason, any storage costs of the goods nor those relating to the return, which will be borne entirely by the customer. For this purpose it is necessary for the customer to specify, on the PURCHASE ORDER form, all the information requested by the OPTICAL SHOP in order to eliminate this unnecessary increase in costs.
14 – RIGHT OF REPLACEMENT FOR DAMAGE CAUSED BY TRANSPORT
To exercise this right, the customer must send an email to: labottegadellottico@gmail.com within 5 (five) days of receiving the goods, indicating the transport document or invoice number, code and quantity of the defective items with the details of the defect found. The OPTICAL SHOP may request the Customer to send, via e-mail, any digital photos that highlight the claimed damage. Once liability for the damage is found, BOTTEGA DELL'OTTICI will communicate to the customer, via e-mail, acceptance of the replacement with the collection details for the courier. However, the goods must be returned to the OPTICAL BOTTEGA in new, carefully sealed packaging, indicating the return address on the package, which will be communicated. All transport costs for the replacement, both those for the return of the damaged goods and those for the replacement, are borne by the optician's shop. The replacement of the goods will take place in the shortest possible time. We will not accept returns of goods on delivery under any circumstances. Any report received after the above deadlines will not be taken into consideration.
15 – GUARANTEE FOR THE CONSUMER
The consumer is the owner of the rights provided for by Legislative Decree no. 24 of 02-02-2002. The products are guaranteed for defects of conformity for one year from their delivery. The OPTICAL BOTTEGA guarantees that the goods sold conform to the declared characteristics and are suitable for the purpose for which the object must be used. Any faults or defects in the product delivered compared to what was agreed must be reported by the customer, under penalty of forfeiture, within 30 days of discovery of the defect. The action is prescribed within six months of discovery.
The deadline for reporting defects and/or defects of the goods that are apparent starts from the day of delivery of the products. The warranty is excluded in the event of damage attributable to an abnormality
use of the product by the buyer or by environmental conditions of location of the purchased good such as, by way of example but not limited to, high humidity levels in the room, overheating of the room, exceptional or unusual temperatures and atmospheric conditions or by improper uses made by the the buyer as poor maintenance (cleaning with improper products or means) or for use not suited to the characteristics for which the object must be used.
The OPTICAL BOTTEGA does not guarantee the perfect correspondence of the colors shown on the site to the original ones. This does not constitute a reason for a claim for lack of conformity.
In order to facilitate the replacement or return of the object purchased by the buyer, he must send photos of the object in question to the BOTTEGA DELL'OTTICO email.
This will allow the OPTICAL SHOP to establish whether the defect found is attributable to production problems (conformity defects), and in this case the defective material will be mainly repaired or replaced with the defective piece or, alternatively, replaced upon return of the defective one. In the event that the OPTICAL SHOP establishes improper use of the product by the customer, no free replacement will be made.
After receipt of this communication and/or documentation, BOTTEGA DELL'OTTICO will, within 7 working days, communicate its decisions by authorizing, or not, the return of the defective material, with possible shipment, via e-mail email, of a document that must be attached to the goods to be returned. The material must be sent to the address that will be communicated.
The replacement will be carried out as soon as possible. The related transport costs for the replacement, both those for the return of the goods and those for the replacement, are borne by the OPTICIAN'S BOTTEGA.
16 – RIGHT OF WITHDRAWAL
Online sales are subject to Legislative Decree no. 206 of 06-09-2005 art. 64/68 which provides for the possibility for the consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form) to exercise the right of withdrawal. This right consists in the customer's right to withdraw from the purchase contract, return the purchased good and request reimbursement of the price paid without any penalty and without indicating the reason WITHIN 14 DAYS pursuant to art. 57 of Legislative Decree. 206/2005 starting from the date of receipt of the products.
NOTE: It will not be possible to exercise the right of withdrawal for customized products made upon customer request.
To make use of this right it is necessary:
1) send an email within 10 days from the day of delivery of the material by the courier or forwarder to communicate the desire to withdraw.
2) wait for approval via e-mail with which the return document and the name of the courier who will collect the goods will be sent. The customer undertakes and undertakes to return the product(s) to the 'BOTTEGA DELL'OTTICO' no later than ten working days from the date of the approval issued by the BOTTEGA DELL'OTTICO to the address:
The optician's shop
C.so Matteotti 25
61045 Pergola (PU)
3) The products must be returned intact, unused, altered, stained, wet or damaged. The products must retain the disposable seal and the inside of the packaging, which constitutes an integral part of the goods; The products must be returned in their new packaging complete with all its parts, the packaging must be intact, not damaged, wet or otherwise altered;
Products must be returned in a single shipment. BOTTEGA DELL'OTTICO reserves the right not to accept products from the same order, returned and shipped at different times;
4) If all the required conditions are respected, and after the OPTICAL BOTTEGA has received the return and checked that all the requirements have been respected, an email confirming acceptance of the return will be sent. The refund will be made as quickly as possible, and in any case within 30 days from the date on which the OPTICAL BOTTEGA became aware of the exercise of the right of withdrawal, once it has been verified that the withdrawal took place in compliance with the conditions set out above. It is not possible to change the model of the product on which the right of withdrawal is claimed with another.
If the methods and terms for exercising the right of withdrawal are not respected, as specified in this paragraph 12, the right to reimbursement of the sums already paid cannot be claimed; however, it is possible to get the products back in the same condition as they were at the customer's expense
returned to the OPTICAL SHOP. The refund of the sums, in case of exercise of the right of withdrawal, will be carried out by BOTTEGA DELL'OTTICO, in favor of the person who made the payment. The costs incurred for returning the products, none excluded, are the full responsibility of the customer.
5) We do not accept returns of goods on delivery.
6) The OPTICAL SHOP, after having checked that all the conditions mentioned above have been respected, that the state of the product(s) and packaging(s) complies with what was agreed upon, deducting the costs incurred for the return of the goods, will to credit the products at the price indicated on the invoice, within 30 days of receiving the goods. Based on the art. 5 paragraph 3 of the aforementioned Legislative Decree, the right of withdrawal cannot be exercised in the case of supply of tailor-made or clearly personalized goods.
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7) LA BOTTEGA DELL'OTTICI will carry out the refund using the same payment method chosen by the buyer during the purchase phase. in the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT, and BIC necessary to make the refund.
Please note: this right is reserved only for natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons acting for purposes relating to any entrepreneurial or professional activity carried out and who purchase with a VAT number.
17 – INFORMATION FOR THE PROCESSING OF PERSONAL DATA
Pursuant to and for the purposes of the art. 13 Legislative Decree no. 196/2003 the following is known:
a) the personal data voluntarily provided when completing the registration or order form will be processed, also through the use of IT and telematic procedures on a database, for management, statistical, commercial, promotional, advertising and related purposes. to products and services of the 'OPTICIAN BOTTEGA of Oradei Angelo'.
b) the acquisition of personal data is optional; however, any refusal to respond or express consent may make it impossible for the 'BOTTEGA DELL'OTTICO di Oradei Angelo' to follow up on the user's requests.
c) the personal data provided may be processed, for the purposes referred to in point a) of this information, also through the following methods: fax, telephone, even without operator assistance, e-mail, and other IT systems and/or or automated communications.
e) in relation to the aforementioned processing, the subject to whom the personal data refers has the right at any time to obtain confirmation of the existence or otherwise of the same data and to know its content and origin, verify its accuracy or request integration or updating, or rectification pursuant to art. 7 of Legislative Decree no. 196/2003. Pursuant to the same article, the interested party has the right to request the cancellation, transformation into anonymous form or blocking of data concerning him, even if pertinent to the purpose of the collection or for the purposes of sending advertising material or direct sales or for carrying out market research or commercial communication.
f) the data controller of personal data is 'BOTTEGA DELL'OTTICO di Oradei Angelo', C.so Matteotti 25, 61045, Pergola (PU)
g) the personal data provided will be kept at the 'BOTTEGA DELL'OTTICO di Oradei Angelo', C.so Matteotti 25, 61045, Pergola (PU).
h) the personal data provided may be transferred abroad, within the European Union, in compliance and within the limits set out in art. 42 of Legislative Decree no. 196/2003. Personal data may be transferred abroad to non-EU countries within the scope and limits established by art. 44 lett. B) of Legislative Decree no. 196/2003. In the box it is specified that 'Arte & Design srl' can operate exclusively with subjects who have adhered to the "Safe harbor principles regarding confidentiality" (safe harbor agreement).
i) for any request for information and/or clarifications please contact 'BOTTEGA DELL'OTTICO di Oradei Angelo', C.so Matteotti 25, 61045, Pergola (PU).
18 – APPLICABLE LAW
For anything not expressly agreed, the rules established by Italian law and the regulations established by the Civil Code and Legislative Decree no. will be applied. 205/06 (so-called Consumer Code).
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